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Texas DA Found in Contempt of Court

Friday, March 28, 2008

HOUSTON —  A former prosecutor who resigned after the mistaken release of racist and pornographic e-mails was found in contempt of court Friday for deleting 2,500 e-mails which had been subpoenaed for a civil rights lawsuit.

Former Harris County District Attorney Chuck Rosenthal was ordered to pay nearly $19,000 in sanctions.

An order by U.S. District Judge Kenneth Hoyt criticizes Rosenthal, saying he "knowingly" violated the Oct. 31 subpoena seeking his e-mails, the Houston Chronicle reported.

"The court finds several areas of contradictions and misrepresentations that render (Rosenthal's) testimony unreliable and incredible. Moreover, the court views his conduct as venomous and hostile to the judicial process," Hoyt wrote.

More than 1,500 e-mails remained on Rosenthal's computer or were recovered, and Hoyt mistakenly released a batch earlier that included pornographic, racist and political messages. Love notes between the married prosecutor and his secretary also were mistakenly released and then resealed.

The judge also found the district attorney's general counsel, Scott Durfee, failed to properly act or advise Rosenthal on the matter. Durfee showed a "deliberate indifference" to the court's orders and the subpoena, Hoyt found. Durfee was ordered to pay $5,000 in sanctions.

Rosenthal and Durfee have until April 30 to pay the fines. Neither Rosenthal or Durfee returned messages seeking comment by The Associated Press on Friday.

Rosenthal resigned last month. His secretary, Kerry Stevens, 56, told the district attorney's office that she was retiring effective Monday, the Houston Chronicle reported.

Stevens could not be reached for comment by The Associated Press on Friday.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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